Sec. 24-56. - General provisions.

Upon application by the owner of record, and upon payment of such fees as set by resolution of the board of supervisors, the director of permit and resource management department ("director") shall review the application and may issue a transferable certificate vesting certain rights to run with the land subject to the conditions listed below.

The issuance of a vesting certificate is solely a right to construct a septic system and its issuance does not obligate any other department to issue a permit. The purpose of this article is to protect the certificate holder from subsequent changes in the law, thereby providing some degree of certainty for a limited period of time.

(a)

Term of Vested Right to Construct System. Upon the director's approval of a private sewage design, a vesting certificate upholding the design shall be issued and remain void for a period of three years from the date the certificate is issued, or until the system is constructed, whichever is sooner. The certificate shall be valid only for the approved site, designated system type, and stated capacity.

(b)

Term of Vested Right to Obtain Building Permit. A vesting certificate for a constructed system shall guarantee well and septic section of permit and resource department clearance of the subject parcel for issuance of a building construction permit for a term of two (2) years from date of final approval of the constructed system.

(c)

Prohibition of Experimental and Innovative Systems. No site shall be vested for a system currently classified by the department's innovative systems regulations as experimental or innovative. Only sites suited for systems classified as alternative or standard may be vested.

(d)

Recording. The permit and resource management department shall provide a certified copy of the vesting certificate to the property owner so that the property owner may record the document if desired.

(e)

Prohibition of Systems Requiring Waste Discharge Requirements. No site shall be vested if the proposed septic system installation would require waste discharge requirements from the Regional Water Quality Control Board unless discharge requirements are specifically waived in writing by the Regional Board.

(Ord. No. 5004 § 1, 1997: Ord. No. 4906 § 5 (D), 1995: Ord. No. 4629 § 1, 1993.)

Sec. 24-57. - Revocation of vesting certificate.

The certificate may be revoked by written notice from the director explaining the reason(s) for revocation upon determination that:

(a)

The application for the certificate or its issuance was based upon erroneous or false data;

(b)

Excavation, grading or compaction of soils has occurred which affect the soil depth, ground slopes or soil percolation rate, whether on the subject or adjoining parcels;

(c)

Construction or alteration of wells, water impoundments, water channels, roads, cutbacks or fills has occurred within setbacks that were established by rules in effect as of the date of the original certificate, whether on the subject or adjoining parcels; or

(d)

It is necessary, based on the discretion of the director, to protect the health and safety of the people of Sonoma County, and/or is necessary to prevent a significant adverse impact on the environment;

(e)

There has been an adoption of an area wide prohibition of waste discharge or adoption of a prohibition of specific types of discharges by the Regional Water Quality Control Board.

(Ord. No. 5004 § 1, 1997: Ord. No. 4629 § 1, 1993.)

Sec. 24-58. - Procedure to appeal revocation.

(a)

The owner may appeal the revocation of a certificate by setting forth the reason(s) in writing, why such revocation is unjust. The appeal must be submitted to and received by the field operations manager of permit and resource management department within fifteen (15) days from the notice of revocation.

(b)

The field operations manager of permit and resource management shall respond, in writing, within fifteen (15) days after receipt of the appeal, either by upholding the revocation or granting the appeal.

(c)

If the field operations manager of permit and resources management department upholds the revocation, then the owner may appeal to the director of permit and resource management department, pursuant to the procedures set forth in subsections (a) and (b) of this section. The decision of the director of permit and resources management department shall be final, subject to the provision of California Code of Civil Procedure Section 1094.5.

(Ord. No. 5004 § 1, 1997: Ord. No. 4906 § 5 (E), 1995: Ord. No. 4629 § 1, 1993.)